Give 'Wife' Status To Women In Live-In-Relationships, Says Madras High Court
Justice Srimathy emphasized that courts have a duty to protect women in the "modern web" of live-in relationships, as they often lack the legal safeguards available to married women.
Chennai: The Madurai Bench of the Madras High Court has observed that women in live-in relationships should be granted the status of "wife" under the ancient concept of Gandharva marriage to ensure their protection.
Why was the reason of the decision?
The decision was given by Justice S. Srimathy, while dismissing a petition for anticipatory bail filed by a man, who feared arrest in a case involving a live-in partner.
The man from Tiruchirappalli district was accused of having a sexual relations with the woman after promising marriage, but later backed out.
According to the prosecution, the man was in a relationship with the woman and had sexual relations with her several times on a promise of marriage. But the petitioner had refused to marry the woman.
What did the court say?
Calling live-in relationships a “cultural shock” to Indian society, the judge said that they have now become common. She said that women enter into such live-in relationships believing themselves to be modern, but later realise that the law does not automatically extend protections similar to those available in marriage.
Justice Srimathy emphasized that courts have a duty to protect women in the "modern web" of live-in relationships, as they often lack the legal safeguards available to married women, according to reports.
"In live-in relationship, the women ought to be protected by granting the status of ‘wife’ under Gandharva marriage/love marriage, so that the women in live-in relationship, even if it is under turbulence, may be provided with rights as wife,” the Madurai court said.
What about such men?
While referring to the Section 69 of the Bharatiya Nyaya Sanhita, the judge said, "Sexual relations based on deceit, especially a false promise of marriage, constitute a criminal offence. A man who makes such a promise and later refuses to marry cannot evade the law."
"If marriage is not possible, men must face the force of law," Justice Srimathy said, while dismissing the bail plea by a man, who was apprehended by the Manapparai All Women Police Station in Tiruchirappalli district.
